Violation Detail
Standard Cited: 19100146 D05 I Permit-required confined spaces
Inspection Nr: 1206035.015
Citation: 02002A
Citation Type: Willful
Abatement Status: Not Completed - Employer Out of Business
Initial Penalty: $119,503.00
Current Penalty: $100,000.00
Issuance Date: 07/20/2017
Nr Instances: 1
Nr Exposed: 3
Abatement Date: 08/11/2017
Gravity: 5
Report ID: 0213900
Contest Date: 08/04/2017
Final Order: 12/29/2021
Related Event Code (REC): R
Emphasis:
Type | Latest Event | Event Date | Penalty | Abatement Due Date | Citation Type | Failure to Abate Inspection |
---|---|---|---|---|---|---|
Penalty | J: ALJ Decision | 12/29/2021 | $100,000.00 | 08/11/2017 | Willful | |
Penalty | C: Contested | 08/07/2017 | $119,503.00 | 08/11/2017 | Willful | |
Penalty | Z: Issued | 07/20/2017 | $119,503.00 | 08/11/2017 | Willful |
Text For Citation: 02 Item/Group: 002A Hazard:
29 CFR 1910.146(d)(5)(i): The employer does not evaluate permit space conditions when entry operations are conducted by testing the conditions in the permit space to determine if acceptable entry conditions exist before entry is authorized to begin: A recent example of the employer's violative conduct occurred on this occasion: a) 9000 River Rd, Delair, NJ, 08110- Anodizing: The employer did not test the air space within the caustic tank for acceptable entry conditions prior to employees entering the tank to clean, occurred on or about 2/3/2017. To abate this violation, the employer must develop and implement procedures to ensure that employees are provided with appropriate testing and monitoring equipment, such as a four gas meter, that accurately measures the air space, that employees are trained on the use of such testing and monitoring equipment and that the testing and monitoring equipment is used prior to entering all permit required confined spaces including, but not limited to, the caustic anodizing tank. NOTE: IN ADDITION TO ABATEMENT CERTIFICATION, AND PURSUANT TO 29 CFR 1903.19, THE EMPLOYER IS REQUIRED TO SUBMIT ABATEMENT DOCUMENTATION FOR THIS ITEM, INCLUDING THE STEPS IT IS TAKING TO ENSURE THAT ITS EMPLOYEES ARE PROVIDED WITH APPROPRIATE TESTING AND MONITORING EQUIPMENT, SUCH AS AN ACCURATE FOUR GAS METER, AND TRAINING FOR USE OF SUCH TESTING AND MONITORING EQUIPMENT, PRIOR TO ANY ENTRY INTO THE CAUSTIC ANODIZING TANKS. FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL PENALTY OF $1000.00 IN ACCORDANCE WITH 29 CFR 1903.19.